Case Note & Summary
The appeal arose from a judgment of a Single Judge of the High Court of Judicature at Madras dated 29 September 2021. The appellant had instituted a criminal revision under Sections 397(1) and 401 of the Code of Criminal Procedure, 1973 challenging an order of Judicial Magistrate No. 2, Salem dated 23 August 2021 and seeking return of a TATA 407 (Turbo) Tempo vehicle bearing Registration No KA-01-C-8853. The vehicle had been seized in connection with Case Crime No 178/2021 registered at Karuppur police station, with allegations that it was used for illegal transportation of liquor bottles. The Single Judge directed the Judicial Magistrate to return the vehicle to the appellant subject to five conditions, including a requirement to deposit Rs. 1 lakh as a non-refundable deposit in the Chief Minister's Public Relief Fund. The appellant challenged only condition No. (iii) requiring this deposit. The Supreme Court considered whether the High Court was justified in imposing this financial condition. The appellant argued through counsel Mr. G. Sivabalamurugan, while the State of Tamil Nadu was represented by Dr. Joseph Aristotle. The Court analyzed the statutory basis for imposing conditions while releasing seized vehicles. The Court held that while the High Court was justified in directing release of the vehicle and imposing other conditions (i, ii, iv, and v), there was no warrant to impose the requirement of depositing a non-refundable amount of Rs. 1 lakh in the Chief Minister's Public Relief Fund. The Court reasoned that such a direction was not based on any statutory provision and was therefore not warranted. Accordingly, the Supreme Court allowed the appeal and set aside condition No. (iii) contained in paragraph 7 of the impugned judgment and order of the High Court dated 29 September 2021, while leaving the other conditions intact.
Headnote
A) Criminal Procedure - Release of Seized Vehicle - Conditions for Release - Code of Criminal Procedure, 1973, Sections 397(1), 401 - Vehicle seized for alleged illegal transportation of liquor - High Court directed release with conditions including non-refundable deposit - Supreme Court held condition requiring deposit of Rs. 1 lakh as non-refundable deposit in Chief Minister's Public Relief Fund was not based on any statutory provision and hence not warranted - Appeal allowed and condition set aside (Paras 8-9). B) Criminal Procedure - Revision Jurisdiction - Scope of Conditions - Code of Criminal Procedure, 1973, Sections 397(1), 401 - High Court exercising revision jurisdiction under Sections 397(1) and 401 CrPC - While High Court justified in directing release of vehicle and imposing other conditions, imposition of non-refundable deposit condition exceeded statutory authority - Court emphasized conditions must have statutory basis (Para 8).
Issue of Consideration
Whether the High Court was justified in imposing a condition requiring deposit of Rs. 1 lakh as non-refundable deposit in Chief Minister's Public Relief Fund while directing release of seized vehicle
Final Decision
Appeal allowed. Condition No. (iii) contained in paragraph 7 of the impugned judgment and order of the High Court dated 29 September 2021 set aside. Appeal disposed of.
Law Points
- Condition for release of seized vehicle must have statutory basis
- High Court cannot impose arbitrary financial conditions without statutory authority
- Release of vehicle pending confiscation proceedings permissible with appropriate safeguards
